Document 40285

Independent Beauty
Consultant Agreement
For office
use only
Consultant
No.:
_
3/13
Please complete
all spaces
in black or blue ink and do not abbreviate
unless necessary.
Please provide
your legal name and write in all capital
letters.
Last
Name:
Date:
I
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Month
Name:LI
Home
Name:
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Address:
LI~~_L-~_L-l~_L_~_L~
Ucense
L-L-J
State
I
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AlC
1-
Phone:
LI~ __ ~I~LI~LI~~~~
Number
Date of
I
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ZIP Code
Cell
Work
Home
I
No.:
I
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I
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Number and Street (include Apt. No.)
I
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City
Phone:
Year
Driver's
Middle
First
I
Day
I
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AlC
I -
Phone: I
1'--.-'--'-"77.L1 -;-LI ~ __ ~-'
Number
I
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AlC
I -I L ~-.L..,-~I,:::::;:-:-I ::--L-...L~
Number
I
Birth*:
Month
Day
Year
'Must be 18 years of age or older
E-Mail
Address:
LI_.l..---.J'---L_...l..-_L-___.l_--L_..l.-~
_
___L_....L_L____.l
_
_L_..L..~
_
___L_~_L_._I.
_
_L_..L..____'
_
__L._....L___'
Your
Social Security
No:": I
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"This may be either a Social Security Number (SSN) or an Individual Taxpayer Identification Number ~TlN}. The Company will not accept Federal Employment Identification numbers from partnerships
or corporations.
Either an SSN or an ITIN ts required to avoid Internal Revenue Service and/or any applicable state statutory withholding on all commissions
and prizes.
Which
o
of the following
Which
best describes
0 Black
White
your race?***
0 American
or African-American
of the following
best describes
o
Indian or Alaska
Hawaiian
or Pacific
0 Other
Islander
your ethnicity?***
OF
what
Former
development.
0 Yes
Consultant?
0 No
If yes, termination
name:
Sales
FAMILY
research and product
OM
Have you ever been a Mary Kay Beauty
Under
0 Native
0
Hispanic or Latina
Not Hispanic or Latina
"'These questions are optional but will help with marketing
Sex:
0 Asian
Native
Former
Director's
name:
year:
Consultant
No.:
If yes, have you ever retumed
_
product
inventory
to the Company?
0 Yes
0 No
DATA
0 Yes
Married?
If married,
0 No
is your spouse
Do you have relatives
List name(s),
If yes, how
who
specifying
Do you have relatives
Spouse's
a Mary
are Mary
(first and last): ------------------------~c::-:--------------Consultant?
Kay Beauty
0 Yes
0 No
If yes, spouse's
0 Yes 0 No
Consultants?
If yes, how
Consultant
No.:
_
many?
_
relationship(s):
employed
_
by Mary
_____
many?
name
Kay Beauty
Kay Inc.? (A corporate employee - not a member of the independent
List name(s),
specifying
sales force)t
0 Yes 0 No
relationship(s):
tThe Company reserves the right to accept. not accept or terminate your Independent Beauty Consultant Agreement based on your relationship with a Mary Kay Inc. employee.
RECRUITER'S
NAME:
INDEPENDENT
_
SALES DIRECTOR'S
Cons.
SIGNATURE:
No.: I'--....I...-_L~_.L._L~
Unit No.: I
I
I
I
By my signature below, I verify that the information above is correct. I understand the General Terms and Conditions of this Independent Beauty Consultant Agreement,
and I hereby accept those Terms and Conditions and certify that I have the legal capacity to enter into this Agreement. I understand that the recruiter whose name is on this
Agreement, submitted to the Company with the Starter Kit payment. will ultimately be the one to receive any recruiter commission on my sales.
YOUR SIGNATURE:
Date:
Starter Kit Order
FOUNDATION
CHOICES
TimeWisel!>
Foundation
Liquid
SHIPPING
$ 100.00
STARTER KIT*
o Hold
o Ship
(Choose only one foundation.)
0
Ivory/Beige
0 Bronze
Powder
0
Ivory/Beige
0
0
English
o Spanish
Bronze
Starter Kit to new Consultant at home address.
o Ship Starter
0 Variety
OR
Mary Kay<!>Mineral
Foundation
INSTRUCTIONS:
Starter Kit for pickup at Branch.
0 Variety
0 Sales Director 0 Recru~er 0 Other
Kit to other address:
Name:
_
Addmss:
_
City, State. ZIP:
LITERATURE
Mary
SHIPPING AND HANDLING
CHARGE
$.
_
P.O.
Kay
For Alaska. Hawaii. Guam. Puerto Rico or U.S. Virgin Islands. add $36.
SUBTOTAL
Inc.
(Monday through Friday,
799041
TX 75379-9041
Box
Dallas,
For mainland U.S.A.. add $9.25.
SALES AND USE TAX**
CUSTOMER SERVICE 1-800-272-9333
MAIL TO:
(This will apply to all literature preferences.)
Enclose payment or charge to MasterCardNisa/Discover
as follows:
Account Number: Visa requires 13 or 16 digits; MasterCard and Discover require 16 digits.
$._--Tax@
% ofTota!
TOTAL COST
$---$----
Exp.
Date:
Signature
MO.
YR.
*The Starter Kit may contain retail-sized product in addition to product samplers.
Retail-sized product in the Starter Kit is not intended to be purchased from the
Company for resale and is for demonstration
"Shipping
8:30 a.m. - 5 p.m. local time)
purposes only.
and handling charges are not taxable in DE, IA. 10. MT. NH. OK. OR. UT and WY.
This page-Mail
to Mary
Kay Inc.
_
Independent Beauty Consultant Agreement
General Terms and Conditions
A. THE INDEPENDENT BEAUTY CONSULTANT AGREES:
1. To promote and sell Mary Kay" products only to ultimate consumers
and not to sell or display those products in retail sales or service
with the then current Company-published
monthly personal team
commission schedule for so long as both Beauty Consultant and team
member are active, provided that commissions and bonuses paid
establishments.
2. To provide each consumer with the written Mary Kay® Satisfaction Guarantee and to promptly honor it upon request. I understand
that Mary Kay Inc. ("Company") sponsors a complete satisfaction or
money-back guarantee as to each Mary Kay'" product sold by me to
a consumer.
3. To maintain the highest standards of integrity, honesty and responsibility in dealings with the Company, consumers and other Beauty Consultants. To present Mary KaY' products in a truthful and sincere manner
and hold the Company harmless from damages resulting from misrep-
on merchandise
B. MARY KAY INC. ("COMPANY") AGREES:
1. In exchange for Beauty Consultant's compliance with the terms and
conditions set forth above, to sell to the Beauty Consultant items
from the then current Consultant order form ("COF") and to allow an
active Beauty Consultant a discount from suggested retail prices on
Section 1 items from the COF ("Section 1 products"). The discount shall
not apply to samplers, premiums, demonstrators, literature or sales
promotion items.
2. To pay Beauty Consultant
with one or more active team
members a monthly personal team commission on all purchases of
Company products (excluding Starter Kits and sales aids) made by
persons whom Beauty Consultant has personally recruited to become
Mary Kay Beauty Consultants and who have been accepted by the
Company, with commissions to be calculated and paid in accordance
MK®/MARY
KAY®!©2001-2013
Mary Kay Inc.
WN212714
which is
3. No geographical territories or limits conceming sales or recruiting within
the United States, Puerto Rico, the U.S. Virgin Islands and Guam are
imposed on Beauty Consultant.
4. Company reserves no right of control or direction of Beauty Consultant's activities, other than the right to question results.
5. To accept Consultant's cancellation of this Agreement within thirty (30)
days after acceptance of the Agreement by Company, and upon return
of Consultant's original and unused Starter Kit to Company, to refund
to Consultant the Consultant's cost of the Starter Kit; or if Agreement
is terminated and Consultant's original and unused Starter Kit is returned
to Company after the cancellation period and within one (1) year of
purchase, to repurchase such Starter Kit at ninety percent (90%) of
Consultant's original net cost.
6. To repurchase, upon termination of this Agreement, at ninety percent
(90%) of Consultant's original net cost, original and unused Section 1
products, provided such items were purchased by Consultant from
Company within one (1) year prior to return.
7, Starter Kit and Section 1 products must be shipped freight prepaid,
accompanied by a "Request for Repurchase" form to the Mary Kay
Repurchase Department in Dallas. Consultant agrees that Company's
cost of any prizes or product bonuses awarded to Consultant because
of the original purchase and any indebtedness Consultant owes
Company will be deducted from the repurchase amount. Consultant
who returns product to Company is not eligible to rejoin the Mary Kay
independent sales force. Consultant agrees that Section 2 items are not
intended to be purchased from Company for resale and are not subject
to the repurchase provisions.
8. Customer names and addresses furnished by Beauty Consultant to
Company in connection with optional programs shall remain the sole
property of Beauty Consultant and will not be used by Company or
disclosed by Company to other parties without Beauty Consultant's permission, except as may be required by law.
9. There will be no direct sales from Company to the Beauty Consultant's customer without a commission being paid to customer's Beauty
resentations by me.
4. To protect the Mary Kay'" trademarks and trade name by obtaining
the Company's written permission prior to my use in any advertising (including but not limited to the Internet) or literature other than
Company-published
material. I understand that display or sale of
Mary KaY" products in or to public, retail or service establishments of
any kind (including Internet retail or auction sites) is prohibited under the
terms of this Agreement, and this obligation survives the termination of
this Agreement.
5. As an independent contractor, to assume sole liability for all self-employment (Social Security), taxes and other registrations required by my
activities as an Independent Beauty Consultant and to abide by all
federal, state and local laws governing my Mary Kay business, including
anti-Spam, privacy and other consumer protection laws.
6. To purchase the Starter Kit and all Mary Kay~ products only from Company. All orders submitted to Company shall be accompanied by cash,
credit card charge, cashier's or certified check or money order made
payable to the order of "Mary Kay Inc." for the full amount due. I understand that all orders are subject to acceptance by Company and the
terms of this Agreement.
7. I am not a joint venturer with, or franchisee, partner, agent or
employee of Company. I have no power or authority to incur any
debt, obligation or liability on behalf of Company. I understand that
all Independent
Beauty Consultants,
Independent
Sales Directors and Independent National Sales Directors are independent
contractors and are subject to this provision.
8. When presenting the Mary Kay opportunity to do so in a truthful and sincere manner and ensure that any prospective Beauty
Consultant recruited by me is the age of 18 years or older and receives
education and materials related to a Mary Kay business upon submission of an Independent Beauty Consultant Agreement.
9. Company may release my name and telephone number in response to
a customer's request for a Beauty Consultant in my area. If this information is not to be released, I agree to notify Company that I do not
want this information released by written notice directed to: Consultant
Records Department, P.O. Box 799040, Dallas, TX 75379-9040. The
Company also may share information about me with other Independent Beauty Consultants and third-party vendors as necessary for the
fulfillment of contractual obligations.
10. To keep the personal information of other Independent Beauty Consultants, customers and potential customers that I obtain as a result of, or
in connection with, my Mary Kay business secure and not to disclose
or share this information with others without express permission from
the individual. I further agree to treat any and all personal information
received by me directly or indirectly from the Company as highly confidential and to not disclose it to others without the express authorized
written permission of the Company.
11. To abide by the terms, conditions and guidelines of all tools and
services that the Company makes available and that I use to support
my business.
12. To comply with any Changes to the General Terms and Conditions
of the Independent Beauty Consultant Agreement that may be made
by the Company. Company may change suggested retail prices,
discounts, commissions, shipping and handling charges, contest
rules and active status requirements at any time upon 10 days' prior
written notice. Written notice may be given by posting notice on the
Company website(s).
not sold at retail to ultimate consumers
subsequently retumed for Company repurchase pursuant to this
Agreement, may be charged back or deducted from corn missions or
other sums payable by Company to Beauty Consultant. A Consultant
must be active and have one or more active team members in orcer to
receive a monthly personal team commission. An Independent Beauty
Consultant is considered "active" in the month a minimum $200
wholesale Section 1 product order is received by Company and in the
following two calendar months.
Consultant, provided Beauty Consultant is a member of me Mary Kay
independent sales organization at the time of the sale. Company will not
accept an order directly from customer without the name and Beauty
Consultant number of customer's Beauty Consultant
be charged back on customer returns.
Commissions will
This Agreement
is subject to acceptance
by Company
at its
corporate headquarters in Dallas, Texas, through issuance of a Notice of
Acceptance. Such acceptance is conditioned upon receipt of a Starter
Kit by Beauty Consultant. This Agreement shall be governed by the laws
of the State of Texas as to all matters. The parties further agree that if
any dispute or controversy arises between them concerning any matter
relating to this Agreement that any issues which either party may elect to
submit for legal jurisdiction shall be submitted to the jurisdiction of the
courts of the State of Texas, and the parties agree that the proper venue
shall be Dallas, Dallas County, Texas.
This Agreement is not subject to alteration, modification or change, except in writing, signed by an authorized executive of the Company and
shall not be deemed to be changed, modified or altered by reason of any
advice, suggestions, guides or sales aids furnished by the Company to
the Beauty Consultant. This Agreement shall be effective from the date
of acceptance until December 31 of the same year and shall thereafter be
automatically renewed each January 1, for additional terms of one year
each, provided that the Agreement may be terminated by either party
effective immediately for any breach of its provisions or by either party
at any time during the initial term or any renewal term by not less than
thirty (30) days written notice.
It is not necessary to submit a new Agreement (or purchase a new Starter
Kit) if reinstating within one year of last order month (anniversary month, if
no last order) as the terms and conditions of the then current Independent
Beauty Consultant Agreement will continue in full force and effect. For record
purposes, a Consultant must have a minimum $200 wholesale Section 1
product order to update her last order date.
This is the sole and only Agreement between the parties relating to the
subject matter hereof, and both parties acknowledge that the Independent
Beauty Consultant is not an employee of Company and will not be treated as an
employee with respect to this Agreement for federal, state or local tax purposes,
or otherwise.
Printed in U.SA
10-068942
3/13
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